Navigating the New Joint-Employment Terrain 2024
Do you represent employers that use staffing agencies, franchises, contractors, or subcontractors? If so, now is the time to prepare for compliance with the National Labor Relations Board’s (NLRB) new final rule on joint-employer status which goes into effect on February 26, 2024. The final rule marks a shift in criteria for determining joint employment, placing emphasis on control over the essential terms and conditions of employment. If two entities are determined to be joint employers, they can both be held liable for the other’s unfair labor practices. It’s crucial that you understand the risks under the new rule so you can help your clients adjust accordingly.
Analyze the implications of the NLRB’s new rule at Navigating the New Joint-Employment Terrain. Partner Christopher Nickels will explain:
- Who could be considered a joint employer under the final rule
- The “essential terms and conditions of employment” under the new rule
- How even indirect control over third parties can be sufficient to trigger joint-employment status
- The impact on retailers, staffing agencies, and other third-party services
- How to advise clients on their existing commercial agreements